Rule 59.New Trials; Reconsideration or Amendment of Judgments and Orders.
Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 59 allows a new trial for good cause on a motion filed within 10 days of judgment, and makes a motion to reconsider a non-hearing motion on the same clock.
(a)(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for good cause shown. On a motion for a new trial, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law, or make new findings and conclusions, and direct the entry of a new judgment.
(b)(b) Time for motion. A motion for a new trial shall be filed not later than 10 days after the entry of the judgment unless otherwise provided by statute.
(c)(c) Time for serving affidavits or declaration. When a motion for new trial is based on affidavits or declarations, they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits or declarations, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits or declarations.
(d)(d) On initiative of court. Not later than 10 days after entry of judgment the court of its own initiative may order a new trial, for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.
(e)(e) Motion to reconsider, alter or amend a judgment or order. Except as otherwise provided by HRS section 571-54 regarding motions for reconsideration in proceedings based upon HRS sections 571-11(1), (2), or (6), a motion to reconsider, alter or amend a judgment or order is not required but may be filed no later than 10 days after entry of the judgment or order and shall be a non-hearing motion, except that the court in its discretion may set any matter for hearing. Responsive pleadings to a motion for reconsideration shall be filed no later than 10 days after service of the motion to reconsider, alter or amend the judgment or order.
(f)(f) Entry of judgment. Unless otherwise ordered by the court, the filing of the judgment in the office of the clerk constitutes the entry of the judgment, and the judgment is not effective before such entry.
End
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Committee Comment
Rule 59(e) of the Hawaiʻi Family Court Rules sets forth the requirements for motions to reconsider, alter or amend a judgment or order. At the time this rule was originally promulgated, the statute required that a motion for reconsideration be filed prior to taking an appeal in a Chapter 587 case. Subsequently, HRS § 571-54 was amended to eliminate this requirement. To be consistent with statutory amendments, this amendment would permit but not mandate the filing of a motion for reconsideration in Chapter 587 cases prior to appeal.
Plain-English Summary
A new trial may be granted to any party on all or part of the issues for good cause shown. On such a motion the court may open the judgment, take additional testimony, amend or make new findings and conclusions, and direct entry of a new judgment.
Ten days after entry of judgment is the deadline, unless a statute says otherwise. Affidavits supporting the motion are served with it, and the opposing party has 10 days to serve opposing ones, extendable by up to 20 days for good cause or by written stipulation. The court may also order a new trial on its own initiative within 10 days, and may grant a timely motion on a ground the motion did not state, after notice and an opportunity to be heard.
Subdivision (e) covers reconsideration. A motion to reconsider, alter or amend a judgment or order is not required, but may be filed within 10 days of entry, and it is a non-hearing motion unless the court orders otherwise. A separate statutory rule governs reconsideration in the juvenile and child protective proceedings the rule names.
The last subdivision matters to every appeal: unless the court orders otherwise, filing the judgment in the clerk office constitutes entry, and the judgment is not effective before that. The 10-day deadlines in this rule are among those Rule 6(b) forbids the court to enlarge.
Frequently Asked Questions
How long do I have to ask for a new trial in Hawaii family court?
Ten days after entry of the judgment, unless a statute provides otherwise.
Is a motion for reconsideration required before appealing?
No. Rule 59(e) says such a motion is not required, but it may be filed within 10 days of entry of the judgment or order.
Will there be a hearing on a motion to reconsider?
It is a non-hearing motion, except that the court may order otherwise.
Can the deadline be extended?
No. Rule 6(b) bars enlarging the time for acting under Rule 59(b), (d) and (e), except as those provisions themselves allow.
When is a judgment entered?
Unless the court orders otherwise, filing the judgment in the office of the clerk constitutes entry, and the judgment is not effective before then.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 59). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:motion for new trial hawaii family courtmotion for reconsideration hawaiiten day deadline hawaii judgmententry of judgment hawaiihawaii family court rule 59